Terms of Use

1. Acceptance of the Terms

These Terms of Use (the "Terms") constitute a binding and enforceable legal agreement between HomesteadGh (the "Administrator", "we", "us", or "our") and you. Please read these Terms carefully.

1.1. Your access to and use of the HomesteadGh website, mobile applications, and any services, features, content, data, or functionality made available through them (collectively, the "Service" or the "Platform") are governed by these Terms.

1.2. If you do not agree to any part of these Terms, or if you are not legally eligible or authorized to be bound by them, you must not access or use the Service.

1.3. Please also review our Privacy Policy. The terms of the Privacy Policy and any supplemental terms, policies, guidelines, or documents that may be published on the Platform from time to time are incorporated into these Terms by reference. We reserve the right, at our sole discretion, to modify these Terms at any time, with or without prior notice. Your continued use of the Platform after any modifications constitutes your acceptance of the revised Terms.

2. Important Disclaimers

2.1. All services provided by the Administrator are provided on an "as is," "as available," and "with all faults" basis. The Administrator disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, performance, and non-infringement.

2.2. The Administrator does not own, rent, sell, manage, inspect, or control any property listed on the Platform. The Platform solely provides an online marketplace where property owners, landlords, property managers, and real estate agents may publish property listings, and where prospective tenants or property seekers may discover such listings and contact the relevant listing party.

The Administrator does not guarantee the existence, availability, condition, quality, safety, legal status, ownership, or suitability of any property listed on the Platform. The Administrator does not verify the accuracy, completeness, or truthfulness of information provided by users, nor does it guarantee that any user will successfully complete a rental or property transaction.

The Administrator expressly disclaims any liability arising from property listings, property descriptions, images, representations made by users, or any interactions between users of the Platform.

2.3. You are strongly encouraged to personally inspect any property before making any payment, signing any agreement, or committing to a rental or property transaction. You should also verify the identity, authority, and legitimacy of the property owner, landlord, or agent, as well as any documents relating to the property.

2.4. You acknowledge that you are solely responsible for your personal safety. If you arrange to view a property or meet with an agent, landlord, property owner, or other user, you should do so only in safe locations and take appropriate precautions. The Administrator disclaims any responsibility for the conduct, actions, or omissions of users of the Platform.

3. Account Registration

3.1. To access certain features of the Service, you may be required to create an account on the Platform ("Account") and provide accurate and complete information during the registration process.

3.2. You may create an Account either as an individual or as an authorized representative of a company, property agency, or other organization.

3.3. Unless otherwise permitted by the Administrator, you may maintain only one Account. If we detect multiple Accounts belonging to the same individual or organization, or if multiple users access the same Account from one device in suspicious circumstances, we may request proof of identity or authorization and may suspend duplicate Accounts.

3.4. You acknowledge that you are solely responsible for safeguarding your login credentials and maintaining the confidentiality of your Account. You are fully responsible for all activities that occur under your Account.

3.5. By creating an Account, you represent and warrant that you have reached the age of majority in your jurisdiction or are accessing the Service under the supervision of a parent or legal guardian. Users under the age of 18 may use the Platform only with the permission and supervision of a parent or legal guardian.

3.6. We reserve the right to suspend, restrict, or terminate your Account, with or without notice, if:

• (a) you violate these Terms;
• (b) we detect suspicious, fraudulent, misleading, or unauthorized activity associated with your Account;
• (c) you publish false, misleading, duplicate, or unauthorized property listings;
• (d) you impersonate another person or organization;
• (e) you engage in scams or fraudulent rental practices; or
• (f) we reasonably believe that your continued use of the Platform could compromise the security, integrity, or operation of the Service or negatively affect other users.

These grounds are not exhaustive, and we reserve the right to take similar action whenever reasonably necessary to protect the Platform or its users.

3.7. You agree to notify us immediately if you become aware of any unauthorized access to or use of your Account or any other security breach. We are not liable for any loss or damage resulting from your failure to protect your Account credentials.

4. Service

4.1. The Platform is an online service that enables property owners, landlords, real estate agents, property managers, and other authorized users to create and publish property listings. The Platform also allows prospective tenants and property seekers to browse listings and communicate directly with listing providers through the contact information or communication features made available on the Platform.

4.2. The Administrator is not a landlord, property owner, real estate agent, property manager, broker, or representative of any user unless expressly stated otherwise. The Administrator does not participate in, negotiate, broker, or guarantee any rental, lease, sale, or other property transaction conducted through the Platform.

Any rental agreement, lease agreement, property sale agreement, or other contractual arrangement is entered into solely between the relevant users. The Administrator's role is limited to providing a platform that facilitates the publication of property listings and communication between users.

4.3. Users are solely responsible for complying with all applicable laws, regulations, licensing requirements, taxes, and legal obligations arising from their property listings and any transactions conducted through the Platform.

4.4. The Administrator reserves the right to remove, suspend, edit, restrict, or block access to any property listing without prior notice where:

• (i) required by law or by an order of a competent authority;
• (ii) a valid complaint relating to intellectual property rights is received;
• (iii) the listing infringes the rights or legitimate interests of another person;
• (iv) the listing violates these Terms or applicable law; or
• (v) the Administrator reasonably believes the listing is false, misleading, fraudulent, duplicated, unavailable, or otherwise harmful to users or the Platform.

4.5. The Administrator may remove or restrict any listing at its sole discretion and is not obligated to provide detailed reasons before doing so.

4.6. The Administrator reserves the right to modify, suspend, discontinue, improve, or introduce new features or services on the Platform at any time, with or without prior notice. Such changes may temporarily or permanently affect your access to certain features of the Service.

You acknowledge that the Administrator shall not be liable for any interruption, modification, suspension, deletion of content, or unavailability of the Platform or any feature thereof.

4.7. Each user is solely responsible for the content they publish on the Platform, including property descriptions, photographs, pricing, availability, contact information, and all other information relating to their listings ("User Content").

Because the Administrator does not independently verify User Content before publication, you acknowledge that we do not guarantee its accuracy, completeness, legality, availability, or reliability.

Your interactions with other users are solely between you and those users. The Administrator shall not be responsible for any disputes, losses, damages, or claims arising from such interactions or transactions.

4.8. The Platform may contain links to third-party websites, applications, services, advertisements, or resources ("Third-Party Services").

The Administrator does not own or control Third-Party Services and is not responsible for their availability, content, policies, products, or services. Your use of any Third-Party Service is entirely at your own risk and subject to that third party's own terms and privacy policies.

4.9. You hereby release the Administrator, its directors, officers, employees, contractors, affiliates, successors, and agents from any claims, liabilities, damages, losses, or demands arising directly or indirectly from:

• (i) your interactions with other users;
• (ii) property viewings or inspections;
• (iii) rental or property transactions;
• (iv) property listings published by users; or
• (v) your use of any Third-Party Services.

5. Property Listings by Users

5.1. Users may be required to provide documents or information reasonably requested by the Administrator to verify their identity, authority to list a property, or the legitimacy of any property listing.

5.2. Users who publish property listings must ensure that all information provided, including property descriptions, photographs, rental prices, property features, availability, location, and contact information, is accurate, complete, and not misleading.

5.3. Users are solely responsible for ensuring that the terms and conditions relating to any rental, lease, or property transaction comply with these Terms and all applicable laws.

5.4. Rental prices, lease terms, deposits, service charges, agency commissions, and any other applicable fees must be clearly stated in the property listing. Where pricing is subject to change, this must be clearly disclosed.

5.5. Where the Platform allows users to upload YouTube videos as part of a property listing, users agree to comply with the applicable YouTube Terms of Service.

5.6. Where the Platform allows users to embed Facebook or Meta-hosted videos in property listings, users agree to comply with the applicable Meta Platform Terms and Facebook Terms of Service.

6. Fees

6.1. The Platform may be used free of charge for certain features. However, the Administrator may offer paid services, including but not limited to featured property listings, promoted listings, premium visibility, subscription plans, advertising packages, verification services, or other premium features.

6.2. Where permitted by the Administrator, users may maintain multiple Accounts where each Account is associated with a separate paid subscription or business purpose.

6.3. The fees applicable to paid services, together with accepted payment methods, will be displayed on the Platform.

6.4. The Administrator reserves the right to modify pricing, payment methods, subscription plans, promotional offers, or paid services at any time.

6.5. Except where required by applicable law, payments made for digital services, subscriptions, promotions, or advertising features are non-refundable.

6.6. Payments for premium services shall be governed by the Platform's Billing Policy, where applicable.

7. User Representations and Warranties

7.1. By using the Service, you represent and warrant that:

7.2. You have the legal capacity to enter into these Terms and agree to comply with them.

7.3. If you register as a representative of a company, real estate agency, property management company, or other legal entity, you are duly authorized to act on behalf of that entity.

7.4. You are at least eighteen (18) years of age.

7.5. You have provided, and will continue to provide, true, accurate, current, and complete information when creating and maintaining your Account.

7.6. You will promptly update your Account information whenever necessary to keep it accurate and complete.

7.7. You will immediately change your Account credentials if you believe they have been compromised or accessed without authorization.

7.8. You will promptly notify the Administrator of any unauthorized access to your Account or any other security breach.

7.9. You will not provide false, misleading, or fraudulent information regarding your identity, your organization, or any property listed on the Platform.

7.10. You will use the Platform only in compliance with all applicable laws, regulations, and professional standards.

7.11. You will not use the Platform for any unlawful, fraudulent, deceptive, or unauthorized purpose.

7.12. You will not publish property listings that you do not have the legal authority or permission to advertise.

7.13. You will not publish content or property listings that infringe upon the intellectual property, privacy, contractual, or other legal rights of any third party.

7.14. You will not publish any property listing or other content that includes:

• 7.14.1. False, misleading, deceptive, or materially inaccurate information.
• 7.14.2. Property listings for properties that do not exist or are not genuinely available.
• 7.14.3. Unauthorized use of photographs, videos, floor plans, logos, trademarks, or other materials belonging to another person or organization.
• 7.14.4. Pornographic, sexually explicit, obscene, or otherwise inappropriate material.
• 7.14.5. Content that is defamatory, abusive, threatening, discriminatory, hateful, harassing, or otherwise unlawful.
• 7.14.6. Content that promotes violence, criminal activity, terrorism, or unlawful conduct.
• 7.14.7. Listings or content intended to facilitate fraud, scams, identity theft, or financial deception.
• 7.14.8. Properties or services whose advertisement is prohibited by applicable law.
• 7.14.9. Spam, repetitive listings, excessive promotional content unrelated to a genuine property listing, or misleading advertisements.
• 7.14.10. Duplicate property listings intended to manipulate search results or mislead users.
• 7.14.11. Links, references, or advertisements directing users to competing property marketplaces or services where such postings violate the Platform's policies.

7.15. You will not use automated software, bots, scripts, crawlers, scraping tools, or other technologies intended to interfere with the normal operation of the Platform or to collect data without authorization.

7.16. You will not send spam, unsolicited commercial communications, chain letters, pyramid schemes, or similar unsolicited communications through the Platform.

7.17. You will not reproduce, copy, distribute, or modify another user's content without obtaining the appropriate permission.

7.18. You will not collect, harvest, store, or misuse personal information belonging to other users without their consent or in violation of applicable privacy laws.

7.19. You will not upload or distribute malware, viruses, ransomware, worms, trojans, or any other malicious software through the Platform.

7.20. You represent that you have the legal authority to advertise, lease, rent, or otherwise market every property you publish on the Platform.

7.21. Where required by law, you possess all necessary licenses, registrations, permits, or authorizations required to advertise or offer the listed property or related real estate services.

8. Indemnity

You agree to indemnify, defend, and hold harmless the Administrator, its affiliates, subsidiaries, successors, directors, officers, employees, contractors, licensors, agents, and partners from and against any claims, actions, liabilities, damages, losses, costs, expenses, and reasonable legal fees arising out of or relating to:

• (i) your use of the Platform;
• (ii) your Account or User Content;
• (iii) your property listings;
• (iv) any rental, lease, sale, or other property transaction entered into by you;
• (v) your violation of these Terms;
• (vi) your violation of any applicable law or regulation; or
• (vii) your infringement of any rights belonging to another person or organization.

The Administrator reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate fully in the defense of such claims.

9. Limitation of Liability

9.1. To the maximum extent permitted by law, the Administrator and its affiliates shall not be liable for any indirect, incidental, consequential, exemplary, special, punitive, or lost profit damages arising from or related to your use of the Platform, any property listing, any interaction with other users, or any rental or property transaction, even if advised of the possibility of such damages.

Your use of the Platform is entirely at your own risk.

9.2. To the maximum extent permitted by law, the total aggregate liability of the Administrator arising from your use of the Platform shall not exceed the greater of:

• (a) the total amount paid by you to the Administrator during the six (6) months immediately preceding the event giving rise to the claim; or
• (b) GHS 560,

unless a greater amount is required by applicable law.

10. Intellectual Property Rights

10.1. Information submitted during registration, together with all photographs, videos, floor plans, descriptions, text, graphics, logos, and other materials uploaded by users ("User Content"), remain the intellectual property of the respective user or rights holder. The Administrator does not claim ownership of such User Content. However, the Administrator may retain copies of User Content where reasonably necessary for operating, securing, improving, or administering the Platform in accordance with these Terms and the Privacy Policy.

10.2. By uploading User Content, you grant the Administrator a non-exclusive, worldwide, transferable, royalty-free, perpetual, irrevocable license to host, store, reproduce, adapt, modify (for formatting purposes only), publish, distribute, publicly display, and otherwise use such User Content in connection with operating, promoting, advertising, and improving the Platform and its affiliated services.

10.3. You represent and warrant that your User Content does not infringe the intellectual property or other legal rights of any third party and that you have obtained all necessary permissions to publish it.

10.4. Except for User Content, all software, source code, text, graphics, designs, logos, trademarks, service marks, databases, website content, and other materials forming part of the Platform remain the property of the Administrator or its licensors and are protected by applicable intellectual property laws. No part of the Platform may be copied, reproduced, distributed, modified, reverse engineered, or otherwise used without the Administrator's prior written consent.

Notice for Claims of Intellectual Property Violations and Copyright Infringement

10.5. If you believe that any content published on the Platform infringes your intellectual property rights, or those of a person you are authorized to represent, you may submit a written notice requesting removal of the allegedly infringing material.

10.6. Your notice should include:

• your physical or electronic signature;
• identification of the copyrighted work or intellectual property allegedly infringed;
• identification of the allegedly infringing material, including its URL or listing reference;
• your contact information;
• a statement that you have a good-faith belief the use is unauthorized;
• a statement that the information in your notice is accurate and that you are authorized to act on behalf of the rights holder; and
• supporting documentation where applicable.

10.7. Such notices should be submitted to the Administrator's designated support email address.

11. Governing Law and Jurisdiction

11.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law principles.

11.2. Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or your use of the Service shall first be resolved through good-faith negotiations between the parties.

If the dispute cannot be resolved amicably within a reasonable period, it shall be submitted to the Ghana Arbitration Centre for final and binding arbitration in accordance with its applicable Arbitration Rules. The language of the arbitration shall be English, unless otherwise agreed by the parties.

12. Miscellaneous Provisions

12.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

12.2. The Administrator may assign, transfer, delegate, or otherwise transfer any of its rights and obligations under these Terms to any affiliate, successor, or third party without prior notice. By accepting these Terms, you consent to such assignment or transfer.

12.3. Any failure or delay by the Administrator to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision or of any other rights available under these Terms or applicable law.

12.4. The Administrator shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, internet outages, power failures, cyberattacks, pandemics, or other force majeure events.

12.5. These Terms, together with the Privacy Policy and any other policies or guidelines expressly incorporated by reference, constitute the entire agreement between you and the Administrator regarding your use of the Platform and supersede all prior agreements, understandings, or communications relating to the same subject matter.

12.6. Nothing contained in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between the Administrator and any user of the Platform.

13. Contact

If you have any questions about these Terms, the Platform, or the Services provided by HomesteadGh, or if you wish to send any notice under these Terms, you may contact us at:

Email: support.homestead@gmail.com